SCHEDULE
Article 2
CIRCUMSTANCES IN WHICH SENSITIVE PERSONAL DATA MAY BE PROCESSED
Interpretation
1. In this Schedule, “elected representative” means—
(a) a Member of the House of Commons, a Member of the National Assembly for Wales, a Member of the Scottish Parliament or a Member of the Northern Ireland Assembly;
(b) a Member of the European Parliament elected in the United Kingdom;
(c) an elected member of a local authority within the meaning of section 270(1) of the Local Government Act 19724, namely—
(i) in England, a county council, a district council, a London borough council or a parish council,
(ii) in Wales, a county council, a county borough council or a community council;
(d) an elected mayor of a local authority within the meaning of Part II of the Local Government Act 20005;
(e) the Mayor of London or an elected member of the London Assembly;
(f) an elected member of—
(i) the Common Council of the City of London, or
(ii) the Council of the Isles of Scilly;
(g) an elected member of a council constituted under section 2 of the Local Government etc (Scotland) Act 19946; or
(h) an elected member of a district council within the meaning of the Local Government Act (Northern Ireland) 19727.
2. For the purposes of paragraph 1 above—
(a) a person who is—
(i) a Member of the House of Commons immediately before Parliament is dissolved,
(ii) a Member of the Scottish Parliament immediately before that Parliament is dissolved, or
(iii) a Member of the Northern Ireland Assembly immediately before that Assembly is dissolved,
shall be treated as if he were such a member until the end of the fourth day after the day on which the subsequent general election in relation to that Parliament or Assembly is held;
(b) a person who is a Member of the National Assembly for Wales and whose term of office comes to an end, in accordance with section 2(5)(b) of the Government of Wales Act 19988, at the end of the day preceding an ordinary election (within the meaning of section 2(4) of that Act), shall be treated as if he were such a member until the end of the fourth day after the day on which that ordinary election is held; and
(c) a person who is an elected member of the Common Council of the City of London and whose term of office comes to an end at the end of the day preceding the annual Wardmotes9shall be treated as if he were such a member until the end of the fourth day after the day on which those Wardmotes are held.
Processing by elected representatives
3. The processing—
(a) is carried out by an elected representative or a person acting with his authority;
(b) is in connection with the discharge of his functions as such a representative;
(c) is carried out pursuant to a request made by the data subject to the elected representative to take action on behalf of the data subject or any other individual; and
(d) is necessary for the purposes of, or in connection with, the action reasonably taken by the elected representative pursuant to that request.
4. The processing—
(a) is carried out by an elected representative or a person acting with his authority;
(b) is in connection with the discharge of his functions as such a representative;
(c) is carried out pursuant to a request made by an individual other than the data subject to the elected representative to take action on behalf of the data subject or any other individual;
(d) is necessary for the purposes of, or in connection with, the action reasonably taken by the elected representative pursuant to that request; and
(e) is carried out without the explicit consent of the data subject because the processing—
(i) is necessary in a case where explicit consent cannot be given by the data subject,
(ii) is...
